BILL NUMBER: SB 2081	CHAPTERED  09/29/00

	CHAPTER   929
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 23, 2000
	AMENDED IN ASSEMBLY   AUGUST 8, 2000

INTRODUCED BY   Senator Alarcon

                        FEBRUARY 25, 2000

   An act to amend Section 4850 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2081, Alarcon.  Workers' compensation:  disability benefits.
   Existing workers' compensation law provides that certain peace
officers, firefighters, and other specified state and local public
employees are entitled to a leave of absence without loss of salary
while disabled by injury or illness arising out of and in the course
of employment.  This leave of absence is in lieu of temporary
disability payments or maintenance allowance payments otherwise
payable.
   This bill would extend this provision to peace officers of the Los
Angeles Unified School District.
   This bill would incorporate additional changes in Section 4850 of
the Labor Code proposed by AB 1124 and AB 1883, to become operative
only if those bills are enacted, as specified, and become operative
on or before January 1, 2001, and this bill is enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any person listed in subdivision (b) who is a
member of the Public Employees' Retirement System or the Los Angeles
City Employees' Retirement System or subject to the County Employees
Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of
Part 3 of Division 4 of Title 3 of the Government Code), is disabled,
whether temporarily or permanently, by injury or illness arising out
of and in the course of his or her duties, he or she shall become
entitled, regardless of his or her period of service with the city,
county, or district, to a leave of absence while so disabled without
loss of salary in lieu of temporary disability payments or
maintenance allowance payments under Section 139.5, if any, which
would be payable under this chapter, for the period of the
disability, but not exceeding one year, or until that earlier date as
he or she is retired on permanent disability pension, and is
actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Police officers of the Los Angeles Unified School District.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a) and does not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
  SEC. 2.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any person listed in subdivision (b) who is a
member of the Public Employees' Retirement System or the Los Angeles
City Employees' Retirement System or subject to the County Employees
Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of
Part 3 of Division 4 of Title 3 of the Government Code), is disabled,
whether temporarily or permanently, by injury or illness arising out
of and in the course of his or her duties, he or she shall become
entitled, regardless of his or her period of service with the city,
county, or district, to a leave of absence while so disabled without
loss of salary in lieu of temporary disability payments or
maintenance allowance payments under Section 139.5, if any, which
would be payable under this chapter, for the period of the
disability, but not exceeding one year, or until that earlier date as
he or she is retired on permanent disability pension, and is
actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Custody assistants employed on a regular, full-time basis by
a county of the first class.
   (11) Police officers of the Los Angeles Unified School District.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a) and does not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
  SEC. 3.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any person listed in subdivision (b) who is a
member of the Public Employees' Retirement System or the Los Angeles
City Employees' Retirement System or subject to the County Employees
Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of
Part 3 of Division 4 of Title 3 of the Government Code), is disabled,
whether temporarily or permanently, by injury or illness arising out
of and in the course of his or her duties, he or she shall become
entitled, regardless of his or her period of service with the city,
county, or district, to a leave of absence while so disabled without
loss of salary in lieu of temporary disability payments or
maintenance allowance payments under Section 139.5, if any, which
would be payable under this chapter, for the period of the
disability, but not exceeding one year, or until that earlier date as
he or she is retired on permanent disability pension, and is
actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
   (11) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
   (12) Police officers of the Los Angeles Unified School District.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a) and does not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
  SEC. 4.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any person listed in subdivision (b) who is a
member of the Public Employees' Retirement System or the Los Angeles
City Employees' Retirement System or subject to the County Employees
Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of
Part 3 of Division 4 of Title 3 of the Government Code), is disabled,
whether temporarily or permanently, by injury or illness arising out
of and in the course of his or her duties, he or she shall become
entitled, regardless of his or her period of service with the city,
county, or district, to a leave of absence while so disabled without
loss of salary in lieu of temporary disability payments or
maintenance allowance payments under Section 139.5, if any, which
would be payable under this chapter, for the period of the
disability, but not exceeding one year, or until that earlier date as
he or she is retired on permanent disability pension, and is
actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Custody assistants employed on a regular, full-time basis by
a county of the first class.
   (11) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
   (12) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
   (13) Police officers of the Los Angeles Unified School District.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a) and does not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
  SEC. 5.  Section 2 of this bill incorporates amendments to Section
4850 of the Labor Code proposed by both this bill and AB 1124.  It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2001, (2) AB 1883 does not amend
Section 4850 of the Labor Code, (3) each bill amends Section 4850 of
the Labor Code, and (4) this bill is enacted after AB 1124, in which
case Sections 1, 3, and 4 of this bill shall not become operative.
  SEC. 6.  Section 3 of this bill incorporates amendments to Section
4850 of the Labor Code proposed by this bill and AB 1883.  It shall
become operative if (1) both bills are enacted and become effective
on or before January 1, 2001, (2) AB 1124 does not amend Section 4850
of the Labor Code, (3) each bill amends Section 4850 of the Labor
Code, and (4) this bill is enacted after AB 1883, in which case
Sections 1, 2, and 4 of this bill shall not become operative.
  SEC. 7.  Section 4 of this bill incorporates amendments to Section
4850 of the Labor Code proposed by this bill, AB 1124, and AB 1883.
It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2001, (2) each bill amends
Section 4850 of the Labor Code, and (3) this bill is enacted after AB
1124 and AB 1883, in which case Sections 1, 2, and 3 of this bill
shall not become operative.
